Terms Used In Virginia Code > Title 62.1 > Chapter 3.1 > Article 4.02 - 2. Chesapeake Bay Watershed Nutrient Credit Exchange Program.

• Association: means the Virginia Nutrient Credit Exchange Association authorized by this article. See Virginia Code 62.1-44.19:13
• Attenuation: means the rate at which nutrients are reduced through natural processes during transport in water. See Virginia Code 62.1-44.19:13
• Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
• Biological nutrient removal technology: means (i) technology that will achieve an annual average total nitrogen effluent concentration of eight milligrams per liter and an annual average total phosphorus effluent concentration of one milligram per liter, or (ii) equivalent reductions in loads of total nitrogen and total phosphorus through the recycle or reuse of wastewater as determined by the Department. See Virginia Code 62.1-44.19:13
• Board: means the State Water Control Board. See Virginia Code 62.1-44.3
• Certificate: means any certificate or permit issued by the Department. See Virginia Code 62.1-44.3
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• credit: means a nutrient reduction that is certified pursuant to this article and expressed in pounds of phosphorus or nitrogen either (i) delivered to tidal waters when the credit is generated within the Chesapeake Bay Watershed or (ii) as otherwise specified when generated in the Southern Rivers watersheds. See Virginia Code 62.1-44.19:13
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Delivered total nitrogen load: means the discharged mass load of total nitrogen from a point source that is adjusted by the delivery factor for that point source. See Virginia Code 62.1-44.19:13
• Delivered total phosphorus load: means the discharged mass load of total phosphorus from a point source that is adjusted by the delivery factor for that point source. See Virginia Code 62.1-44.19:13
• Delivery factor: means an estimate of the number of pounds of total nitrogen or total phosphorus delivered to tidal waters for every pound discharged from a permitted facility, as determined by the specific geographic location of the permitted facility, to account for attenuation that occurs during riverine transport between the permitted facility and tidal waters. See Virginia Code 62.1-44.19:13
• Department: means the Department of Environmental Quality. See Virginia Code 62.1-44.19:13
• Director: means the Director of the Department of Environmental Quality. See Virginia Code 62.1-44.3
• ENRC Program: means the Phase III Watershed Implementation Plan Enhanced Nutrient Removal Certainty Program established pursuant to subsection G of § Virginia Code 62.1-44.19:13
• Equivalent load: means 2,300 pounds per year of total nitrogen and 300 pounds per year of total phosphorus at a flow volume of 40,000 gallons per day; 5,700 pounds per year of total nitrogen and 760 pounds per year of total phosphorus at a flow volume of 100,000 gallons per day; and 28,500 pounds per year of total nitrogen and 3,800 pounds per year of total phosphorus at a flow volume of 500,000 gallons per day. See Virginia Code 62.1-44.19:13
• Establishment: means any industrial establishment, mill, factory, tannery, paper or pulp mill, mine, coal mine, colliery, breaker or coal-processing operations, quarry, oil refinery, boat, vessel, and every other industry or plant or works the operation of which produces industrial wastes or other wastes or which may otherwise alter the physical, chemical or biological properties of any state waters. See Virginia Code 62.1-44.3
• Facility: means a point source discharging or proposing to discharge total nitrogen or total phosphorus to the Chesapeake Bay or its tributaries. See Virginia Code 62.1-44.19:13
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• General permit: means the general permit authorized by this article. See Virginia Code 62.1-44.19:13
• Includes: means includes, but not limited to. See Virginia Code 1-218
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Locality: means a county, city, or town as the context may require. See Virginia Code 1-221
• Month: means a calendar month and "year" means a calendar year. See Virginia Code 1-223
• Municipal separate storm sewer: means a conveyance or system of conveyances otherwise known as a municipal separate storm sewer system or "MS4" including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains, that is:

  1. See Virginia Code 62.1-44.3

• Nutrient credit-generating entity: means an entity that generates nonpoint source nutrient credits. See Virginia Code 62.1-44.19:13
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Owner: means the Commonwealth or any of its political subdivisions, including but not limited to sanitation district commissions and authorities and any public or private institution, corporation, association, firm, or company organized or existing under the laws of this or any other state or country, or any officer or agency of the United States, or any person or group of persons acting individually or as a group that owns, operates, charters, rents, or otherwise exercises control over or is responsible for any actual or potential discharge of sewage, industrial wastes, or other wastes to state waters, or any facility or operation that has the capability to alter the physical, chemical, or biological properties of state waters in contravention of § Virginia Code 62.1-44.3
• Permitted facility: means a facility authorized by the general permit to discharge total nitrogen or total phosphorus. See Virginia Code 62.1-44.19:13
• Permittee: means a person authorized by the general permit to discharge total nitrogen or total phosphorus. See Virginia Code 62.1-44.19:13
• Person: means an individual, corporation, partnership, association, governmental body, municipal corporation, or any other legal entity. See Virginia Code 62.1-44.3
• Pollution: means such alteration of the physical, chemical, or biological properties of any state waters as will or is likely to create a nuisance or render such waters (a) harmful or detrimental or injurious to the public health, safety, or welfare or to the health of animals, fish, or aquatic life; (b) unsuitable with reasonable treatment for use as present or possible future sources of public water supply; or (c) unsuitable for recreational, commercial, industrial, agricultural, or other reasonable uses, provided that (i) an alteration of the physical, chemical, or biological property of state waters or a discharge or deposit of sewage, industrial wastes or other wastes to state waters by any owner which by itself is not sufficient to cause pollution but which, in combination with such alteration of or discharge or deposit to state waters by other owners, is sufficient to cause pollution; (ii) the discharge of untreated sewage by any owner into state waters; and (iii) contributing to the contravention of standards of water quality duly established by the Board, are "pollution" for the terms and purposes of this chapter. See Virginia Code 62.1-44.3
• Process: includes subpoenas, the summons and complaint in a civil action, and process in statutory actions. See Virginia Code 1-237
• Reclamation: means the treatment of domestic, municipal, or industrial wastewater or sewage to produce reclaimed water for a direct beneficial or controlled use that would not otherwise occur. See Virginia Code 62.1-44.3
• Regulation: means a regulation issued under subdivision (10) of § Virginia Code 62.1-44.3
• Reuse: means the use of reclaimed water for a direct beneficial use or a controlled use that is in accordance with the requirements of the Board. See Virginia Code 62.1-44.3
• Sewage: means the water-carried human wastes from residences, buildings, industrial establishments or other places together with such industrial wastes and underground, surface, storm, or other water as may be present. See Virginia Code 62.1-44.3
• Standards: means standards established under subdivisions (3a) and (3b) of § Virginia Code 62.1-44.3
• State: when applied to a part of the United States, includes any of the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, and the United States Virgin Islands. See Virginia Code 1-245
• State-of-the-art nutrient removal technology: means (i) technology that will achieve an annual average total nitrogen effluent concentration of three milligrams per liter and an annual average total phosphorus effluent concentration of 0. See Virginia Code 62.1-44.19:13
• Summons: Another word for subpoena used by the criminal justice system.
• treatment works: means any device or system used in the storage, treatment, disposal, or reclamation of sewage or combinations of sewage and industrial wastes, including but not limited to pumping, power, and other equipment, and appurtenances, and any works, including land, that are or will be (i) an integral part of the treatment process or (ii) used for the ultimate disposal of residues or effluent resulting from such treatment. See Virginia Code 62.1-44.3
• Tributaries: means those river basins listed in the Chesapeake Bay TMDL and includes the Potomac, Rappahannock, York, and James River Basins, and the Eastern Shore, which encompasses the creeks and rivers of the Eastern Shore of Virginia that are west of Route 13 and drain into the Chesapeake Bay. See Virginia Code 62.1-44.19:13
• Waste load allocation: means (i) the water quality-based annual mass load of total nitrogen or annual mass load of total phosphorus allocated to individual facilities pursuant to the Water Quality Management Planning Regulation (Virginia Code 62.1-44.19:13
• Wetlands: means those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. See Virginia Code 62.1-44.3